To analyse the written explanation given to ARGIA by the Department of the Environment, let us see what it says in Article 10 of the law that in 2012 it was used to authorise the company Verter Recycling to dispose of asbestos.

The fourth point states that they will be considered "substantial changes", listing several cases from a to h. In this list is the "Incorporation of new use of dangerous substances – incorporation in Spanish – or increase" with the letter h. Bearing in mind that the Zaldibar landfill has been declared "for non-hazardous waste" by the Basque Government and that asbestos is classified as hazardous waste by European legislation, the point comes fully to the case of Zaldibar asbestos. Asbestos has the symbol * because it is considered dangerous in the LER Waste Code of Europe. The start of the dumping of asbestos in the landfill of the Eitzaga district meant a "substantial change" based on the law of positive administrative silence of the Environment Department of the Basque Government. At the end of this news, the exact article of the law can be read in full.

Therefore, Verter Recycling did not qualify the amendment as correct under this law when in its report it stated that it was "non-substantial". However, the Basque Government has also maintained that wrong qualification to argue that, since the beginning of the asbestos administration after the accident was not a "substantial change", it did not answer the company and, after a month without a response, the law allowed the company to pour these residues, so they did not have to sanction the company.

As expressly stated in Article 3 of this Act: "In the event that the holder intends to make a substantial modification, such modification shall not take place until the integrated environmental authorisation is amended".

More laws also mention the modification of the Integrated Environmental Authorisation

In addition to the law 16/2002 to which the Department of the Environment refers, landfills must comply with other laws. These laws are changing, so it's important to keep in mind which laws should be enforced each year.

For example, in 2011, when Verter requested the discharge of asbestos and the Basque Government did not respond, among other things, to the Royal Legislative Decree 1/2008 of 11 January, subsequently amended, that the landfills of Hego Euskal Herria should respect. Article 3(1) lays down an obligation to assess the environmental impact of certain activities. These include "activities that dispose of hazardous waste through landfill". Therefore, in 2011, the Integrated Environmental Authorisation that the Basque Government was to amend in order to incorporate hazardous waste into the authorisation had to be respected.

Increased waste collection requires amendment of the Integrated Environmental Authorisation

This has been communicated to ARGIA by a number of qualified professionals who have worked in the Environment Department. The amendment of the Integrated Environmental Authorisation requires this document to be made public and a period of public claims to be opened. The Basque Government did not.

We refer to cases where companies are calling for "non-substantial" changes, although as we have just explained the call for the initiation of asbestos waste management in Verter is essential: in cases where waste managers have requested "non-substantial" changes, the administration has given special authorisation for these changes. These permits are very quick, even from one day to the next, but written permission has been given. Companies have not been able to manage this new type of waste before receiving the authorisation.

Therefore, waste legislation requires written authorisation for a landfill to start dumping new types of waste, and if we take into account the documents published to date, the authorisation of the company Verter Recycling for the collection of waste with asbestos was granted for the first time by the Basque Government with the Integrated Environmental Authorisation 2013. So far, it has not been made known that the company had the authorisation to dispose of asbestos in 2012 as provided for by law.

Article 10 of Law 16/2002 on Integrated Pollution Prevention and Control states that hazardous waste is "a substantial modification" and that this authorization "cannot be made until an environmental authorisation has been granted".

Article 10 in its entirety shall then: Modification of the installation

The underlined passages relate to the authorization of asbestos from Zaldibar.

1. The modification of an installation subject to Integrated Environmental Authorisation may be substantial or non-substantial.

2The operator of an installation intending to carry out a non-substantial modification shall communicate it to the body competent to grant the integrated environmental authorisation, stating the reasons why it considers this to be a non-substantial modification. Supporting documents for the reasons set out above shall be attached to this communication. The operator may make the amendment provided that the body competent to grant the integrated environmental authorisation does not state otherwise within one month. If, as a result of a non-substantial modification of the installation, the integrated environmental authorisation should be amended, the autonomous community shall publish it in its official gazette.

3. Where the holder intends to make a substantial modification, such modification may not be carried out until the integrated environmental authorisation is amended. This amendment shall be processed by the simplified procedure to be laid down in the regulations, specifying the content of the request for amendment to be submitted in accordance with Article 12. The request shall contain, in any case, the documents justifying the essential nature of the modification to be carried out and the basic draft relating to the part or parts of the installation concerned by the modification to be carried out.

4. The modification of an installation shall be considered to be substantial for the purposes of safety, human health and the most important environment affecting the planned modification:

a) The size of the installation. (b)
Natural resources used by the installation. (c) Water and energy consumption. d) Volume, weight and type of waste. (e) The quality and regenerative capacity of

natural resources in geographical areas that may be affected. (f) The level of pollution produced. (g)


Accident risk.

(h) Incorporating or increasing the new use of dangerous substances into Spanish incorporation.

5. Any extension or modification of the characteristics or operation of an installation shall be considered substantial if the modification or extension alone exceeds the capacity thresholds laid down in Annex 1, or if it is to be submitted to the environmental impact assessment procedure, in accordance with the relevant legislation.

6. If the modification of an installation leads to a decrease in production capacity below the thresholds in Annex 1, the integrated environmental authorisation shall no longer be applied for and the inventory of installations referred to in Article 8.2 shall be reduced. Such amendments shall be communicated to the competent body for verification and publication in the official journal.